Pathology of Legislation and Legal Approvals Related to Texture and Building Management

Today, the importance and special position of the historical texture and buildings in the city is completely obvious. However, the issue of protecting, supporting and restoring historical texture and valuable historical buildings in Iran is not seriously, scientifically and legally pursued by top level of management and popular demand. Historical texture and buildings are increasingly in danger, day by day. Although several public associations and non-government organizations keep tracking the protection of historical buildings, they won’t be effective as they do not have legal role and position in decision-making and actions. Therefore, the importance of legal and lawful dimensions to pass or change these conditions will be considerable. Accordingly, using a qualitative method as well as legal hermeneutical approach, a review of consistent and related rules has been done and consequently a brief pathology has been provided based on the protecting and restoring rules and in comparison, with global commissions and agreements. The results of these studies indicate that existing laws need to be revised, modified and completed. In addition, there are a number of legal gaps that require the enactment of new laws to address overlooked issues in the existing set of laws. Among them, some issues are more important. Therefore, in order to prioritize each reform issue in law, a process of priori has been done with the experts and specialists’ views. The results of interviews with experts and the prioritization indicated that documentary issues, monitoring building protection and recovery in law content as well as the issue of law enforcement are the main challenges of law reform.